The U.S. Court of Appeals has extended its November 6 order to suspend President Biden’s test authorization for companies with 100 or more employees.
The U.S. Court of Appeals in New Orleans, Fifth Circuit issued the ruling on Friday night. This confirms its earlier order to prevent the implementation of the Occupational Safety and Health Administration emergency regulations.
The ruling was made in front of the multi-district litigation lotterie judicial panel that determined which federal appeals court would be assigned for the legal challenges to various measures currently pending nationally. The lottery is set to take place November 16.
The court issued a 22-page opinion in which it strongly criticized vaccine authorization. The court stated that the authorization “threatens the heavy burden of the unwilling individual recipients’ free interest in choosing between their work and the jab”.
“Similarly, the company that seeks suspension will also suffer irreparable harm, regardless of whether it is due to financial and business impact or employee turnover, suspension, compliance, monitoring costs, authorization, resource transfer authorization. The court stated that OSHA will impose severe financial sanctions on companies refusing to punish or test unwilling employees.
The United States requested that the court revoke its prior order in order to allow the proceeding. OSHA regulations require that eligible companies ensure that all employees have been vaccinated and tested for COVID-19 by January 4.
Employers must follow the rules unless there is a permanent ban.
The Fifth Circuit is currently considering Texas’ challenge. Louisiana, Mississippi and Utah are also participating in the challenge.
Plaintiff claimed that OSHA’s official emergency provisional standards on November 5, exceeded its statutory authority. The security agency cited “serious risks” as a reason for speeding up the formulation of the rules, but these were not relevant to the healthcare industry.